Sunday, April 27, 2014
CFP - 3rd International Conference on Urban Disaster Reduction: Sustainable Disaster Recovery: Addressing Risks and Uncertainty
3rd International Conference on Urban Disaster Reduction
"Sustainable Disaster Recovery: Addressing Risks and Uncertainty"
September 28 - October 1,2014
Hotel Boulderado, Boulder, Colorado, USA
The 3rd International Conference on Urban Disaster Reduction (3ICUDR) builds on an established practice of international collaboration and knowledge-sharing after disaster events in Japan, US, and Taiwan. In this third conference, New Zealand joins the three collaborating countries. The mission of the conference is to develop, integrate and promote new knowledge and best practices in sustainable disaster recovery, with a particular emphasis on urban environments.
Abstracts are solicited on topics related to disaster recovery and urban disaster reduction. Reviewers will be looking for abstracts that take bold steps in describing new strategies and ways of thinking to significantly reduce potential casualties, damage, and disruption from future disasters, and create safe, resilient, and adaptive communities, regions, and nations. Young scholars are encouraged to present emerging research. Papers that bridge the knowledge gaps between research and practice are particularly welcome.
Learn more on abstract requirements and submission deadlines here, or by downloading the CFP here:
Stephen R. Miller
The Cal ARB lecture series is having what looks like a really promising lecture on green building this Monday, April 28. From the Cal ARB listserv:
“Why Building Operators Matter for Reducing GHG Emissions”
Mithra Moezzi, Ph.D.
School of Urban Studies and Planning,
Portland State University
Monday, April 28, 2014 1:30 pm, PDT (WEBCAST)
Sierra Hearing Room, 2nd Floor, Cal/EPA Building
1001 I Street, Sacramento, California
What building operators do is a major behavior behind commercial
building energy use. Technical studies estimate that changes in
operations could save up to thirty percent of building energy use
at low cost. These changes could yield tremendous reductions in
California GHG emissions, but such changes are often not made.
This presentation reports on the results of a social
science-based study investigating building operations and energy
use, highlighting building-level, policy, and research strategies
that can help reduce commercial building energy use and
potentially even improve indoor environmental conditions.
Doing so starts with recognizing some of the energy paradoxes of
contemporary commercial buildings:
(1) occupants often report that buildings poorly support their
work even while the threat of occupant complaints is a dominant
force in how buildings are operated,
(2) usable information on energy use is scant, and
(3) the contribution of building operators and operations to
building performance and energy conservation is widely
These problems cannot readily be fixed by focusing just on
individual components, such as training, automation, or generic
attempts at occupant engagement or behavior change, but instead
require seeing and acting on buildings as social systems.
This presentation outlines some of the most important
interactions shaping building energy use, and illustrates common
problems as well as strategies for overcoming misalignments,
drawing on stories and insights from operators, other building
professionals, and occupants.
Announcement and Presentation can be viewed at:
For “external” users please check the external webcast calendar
For “internal” users please check the internal webcast calendar
Your e-mail questions will be aired during the
Q&A period. Please send your-e-mail questions
For more information on this seminar presentation please
Sarah Pittiglio, Ph.D. at (916) 324-0627 or @arb.ca.gov
For more information on the ARB Research Seminar Series please
Peter Mathews at (916) 323-8711 or firstname.lastname@example.org
To receive notices for upcoming Seminars please go to:
and sign up for the seminars list serve.
Friday, April 25, 2014
My colleague Bruce Huber (Notre Dame) has posted The Durability of Private Claims to Public Property, 102 Geo. L. J. 991 (2014). I had the chance to see him present this to our faculty here in South Bend and then again at last year's ALPS meeting in Minnesota. It has completely changed my understanding of the interaction between private and public interests on government-owned land. Here's the abstract:
If there is, here is what it might look like: private claims to public property are remarkably durable. Consider private claims to the lands and resources owned and managed by the federal government. Once established, these claims — of which there are hundreds of thousands — seem, in many instances, to take on a life of their own. Mining claims, leases for the development of coal or oil and gas, grazing permits, hydropower licenses, ski resort leases, even residential leases — claims such as these are often extended, expanded, renewed, and protected by law and by bureaucratic practices in ways that shape, and often trump, other policy objectives with respect to federal land. Newer claim-ants, and policies that would favor new land uses or alter the mix of uses, tend to be disfavored. These tendencies create a set of managerial and policymaking difficulties that constrain lawmakers and land managers and that ultimately disserve the interests of the citizens in whose interest state property ostensibly is managed.
This Article examines the durability of private claims to public property, first, by providing a set of examples, and second, by explaining how the American historical experience and legal system combine to give public property this character. Third, it suggests implications for both theory and practice, in particular cautioning that lawmakers should take into account the phenomenon described here before granting new forms of access to various public resources.
Tuesday, April 22, 2014
The American Planning Association annual conference is in Atlanta from April 26-30. Check out the conference program here.
Monday, April 28, is the "law" day and is focusing on takings. Panels include: "Takings in the 21st Century" (page 72 of the program); "Legal Issues for Planning Commissioners" (page 78); "Nollan and Dolan I: The Legislative Exception" (page 74); "Nollan and Dolan II, Burden of Proof" (page 78); "Koontz: Clarity or Calamity?" (page 81); "Climate Change Planning Post-Lucas" (page 85); and "Takings and Givings" (page 86).
A number of leading land use law profs will be speaking on these panels (if the pdf were easier to copy, I'd post all the people speaking here). It will be well worth checking out if you're in the area.
Stephen R. Miller
The 2014 Idaho Law Review symposium, Resilient Cities: Environment | Economy | Equity, was held earlier this month and was a great success. For those who couldn’t happen by Boise for the event, video of the entire symposium is now available online at: http://www.uidaho.edu/law/law-review/symposium. In addition, articles from the symposium should be up on the same website later this summer.
As I received significant interest in materials from the symposium, the law review is going to print a few extra copies of the symposium book to give to anyone who might want a hard copy. If you would be interested in a hard copy and haven’t already e-mailed me, please let me know and I’ll send one to you when the symposium book is available this summer.
Thanks again to all of our speakers and moderators for such a successful event!
Stephen R. Miller
Pace Law School seeks applicants for a new Visiting Assistant Professor (VAP) in Environmental Law. The VAP in Environmental Law will hold a one-year appointment, renewable for a second one-year term. The appointment is designed to mentor and train future environmental law professors.
The VAP will have a reduced teaching load of one course per semester, the opportunity to focus on scholarly research and writing, and the expectation that s/he will enter the law school teaching market. The VAP will receive the same office and administrative support as other faculty members, is invited to participate fully in faculty activities, and will receive a small travel and research fund. Additionally, the VAP will present a work in progress at Pace Law School’s Future Environmental Law Professors Workshop, receive feedback and mentoring from other scholars, and present a finished manuscript to the faculty at our weekly scholarly colloquium.
The salary for the VAP in Environmental Law is $55,000 per year plus benefits, including health and dental insurance. The VAP will not be eligible for a full-time tenure-track or tenured faculty appointment at Pace Law School until after six years following the completion of his/her term in residence.
Candidates will be selected based on their prior work and educational experience, and teaching and scholarly potential. Pace is committed to achieving equal opportunity in all aspects of University life. Applications are encouraged from people of color, individuals of varied sexual and affectional orientations, individuals who are differently-abled, veterans of the armed forces or national service, and anyone whose background and experience will contribute to the diversity of the law school. Pace is committed to achieving completely equal opportunity in all aspects of University life.
Applicants should submit:
- Curriculum Vitae (that lists three references and law school courses the candidate would be interested in teaching)
- If possible, one published scholarly article or unpublished paper draft that reflects the candidate’s scholarly interests and potential
The application deadline is May 1, 2014.
If you would like to be considered for a Visiting Assistant Professor in Environmental Law appointment beginning in the Fall of 2014, please send your application materials via email to Professor Jason J. Czarnezki at email@example.com. Only electronic submissions will be accepted.
Monday, April 21, 2014
Sharing is an indispensable part of American property law, often mediating the harsh implications of ownership rights. Yet sharing is also a hidden component of this legal structure. In both theory and doctrinal manifestations, sharing is overshadowed by the iconic property right of exclusion. This Article argues that property law suffers a critical loss from its under-recognition of sharing because it fails to use sharing to correct distributional failures in a world of increasingly scarce resources. Sharing could be the basis for developing a rich range of outcomes in common property disputes. Instead, as described by Calabresi and Melamed in their famed article on remedies, outcomes are tagged to exclusion in the form of blanket property rules and “keep out” signs. As a result, sharing currently functions merely to create very narrow exceptions to broad rights of ownership. To correct this failure, this Article presents a model for sharing as a preferred outcome in property disputes. Sharing as an outcome is a powerful means of addressing property inequalities, limiting harmful externalities, preserving efficiency, and harnessing the extraordinary potential of outcomes in property law.
Friday, April 18, 2014
Greg Alexander (Cornell) has posted Property's Ends: The Publicness of Private Law Values, 99 Iowa L. Rev. 1257 (2014). Here's the abstract:
Property theorists commonly suppose that property has as its ends certain private values, such as individual autonomy and personal security. This Article contends that property’s real end is human flourishing, that is, living a life that is as fulfilling as possible. Human flourishing, although property’s ultimate end, is neither monistic or simple. Rather, it is inclusive and comprises multiple values. Those values, the content of human flourishing, derives, at least in part, from an understanding of the sorts of beings we are ― social and political. A consequence of this conception of the human condition is that the values of which human flourishing is constitutive ― property’s ends― are public as well as private. Further, the public and private values that serve as property’s ends are mutually dependent for their realization. Hence, any account of property that assigns it solely to the private sphere, categorically removed from public values, is incoherent.
Thursday, April 17, 2014
From the EPA listserv announcement:
Please save the date for "The Future of Environmental Finance," a public forum at the UNC School of Government, Chapel Hill, NC on May 5th, 2014 from 1:30pm-4:30pm Eastern. This event will also be streamed live on-line. Visit http://www.efc.sog.unc.edu/event/future-environmental-finance-public-forum for more information and registration.
The costs of environmental services, programs, and infrastructure continue to rise. At the same time the individuals, communities, and governments tasked with paying for environmental protection are experiencing significant financial challenges. Whether a billion dollar effort to restore a region's polluted water supply, a $4,000 project to weatherize a financially disadvantaged family's home, or a program to replace a small town's 50 year old water treatment plant, environmental initiatives share a common challenge of figuring out who pays and with what money. Without implementing fair and sustainable solutions to these environmental finance questions, the most brilliantly conceived environmental technology or program will likely fall short of achieving its environmental goals.
On May 5th, 2014, the Environmental Finance Center at the UNC School of Government, an EPA grantee, will host a public forum on "The Future of Environmental Finance" to share promising strategies for financing current and future environmental challenges. This event will feature talks from prominent environmental finance experts and innovators from a variety of perspectives that cut across sectors and issues (federal, state, and local governments, academics, foundations, international organizations, and private investment firms). The event is intended to foster discussion and identify emerging trends, strategies, and ideas that will help answer the basic "how will we pay" questions at the heart of successful environmental protection.
Stephen R. Miller
Wednesday, April 16, 2014
Adena Rissman (Ecology-Wisconsin), (our very own) Jessie Owley (SUNY-Buffalo), Buzz Thompson (Stanford) and Rebecca Shaw (Env. Defense Fund) have posted Adapting Conservation Easements to Climate Change, Conservation Letters (2014). Here's the abstract:
Perpetual conservation easements (CEs) are popular for restricting development and land use, but their fixed terms create challenges for adaptation to climate change. The increasing pace of environmental and social change demands adaptive conservation instruments. To examine the adaptive potential of CEs, we surveyed 269 CEs and interviewed 73 conservation organization employees. While only 2% of CEs mentioned climate change, the majority of employees were concerned about climate change impacts. CEs share the fixed-boundary limits typical of protected areas with additional adaptation constraints due to permanent, partial property rights. CEs often have multiple, potentially conflicting purposes that protect against termination but complicate decisions about principled, conservation-oriented adaptation. Monitoring is critical for shaping adaptive responses, but only 35% of CEs allowed organizations to conduct ecological monitoring. Additionally, CEs provided few requirements or incentives for active stewardship of private lands. We found four primary options for changing land use restrictions: CE amendment, management plan revisions, approval of changes through discretionary consent, and updating laws or policies codified in the CE. Conservation organizations, funders, and the IRS should promote processes for principled adaptation in CE terms, provide more active stewardship of CE lands, and consider alternatives to the CE tool.
This year, my Economic Development Clinic has been working with rural communities interested in using agritourism to assist small farm survival. The projects have proven a really interesting source of legal issues, many of which were unexpected to me. I tried to highlight some of those issues in an op-ed I published today in the Idaho Statesman. A copy of that op-ed is attached, and also available here (the headline is not my own, but the rest is). Many of the legal issues I mention are relevant elsewhere as Idaho's laws on agritourism are similar to most other states.
Stephen R. Miller
Tuesday, April 15, 2014
Readers of this blog may want to tune in to the latest Freakanomics podcast, which investigates Benjamin Barber's recent book. A blurb from the Freakanomics website:
The episode expands on an idea from political theorist Benjamin Barber, whose latest book is called If Mayors Ruled the World: Dysfunctional Nations, Rising Cities. Barber argues that cities are paragons of good governance – compared at least to nation-states – and that is largely due to their mayors. Mayors, Barber argues, are can-do people who inevitably cut through the inertia and partisanship that can plague state and federal governments. To that end, Barber would like to see a global “Parliament of Mayors,” to help solve the kind of big, borderless problems that national leaders aren’t so good at solving.
Stephen R. Miller
Boise sits hard-by a range of foothills that lead into the Boise National Forest. Those foothills have a lot of grasses that, come summer, could light up in a fire. And so, what is the fire prevention strategy devised here in Boise? Sheep. Lots of them. This week 2,500 sheep were brought into the Boise foothills and they will slowly eat their way across those foothills north of the populated region.
The yearly arrival of the sheep for this ritual is one of my favorite things about living here. Here's another article from last year about the event.
Below is a clip of what it looks like when 2,500 sheep cross the road.
Stephen R. Miller
Friday, April 11, 2014
I was just introduced to a useful 2013 report by the Community and Regional Resilience Institute entitled Definitions of Community Resilience: An Analysis. The report provides cites to and summaries of forty-six articles that attempt to define resilience in a variety of manners. The report is a useful resource for scholars seeking out definitions of resilience across disciplines.
H/t to Jeff Litwak, who introduced me to the report.
Stephen R. Miller
Thursday, April 10, 2014
Energy use and renewable energy development is very much a land use issue. Here is the second conference announcement I have for you!
Proposals Due: Monday, April 21, 2014
On Friday, November 7, 2014, the University of San Diego School of Law will host its Sixth Annual Climate & Energy Law Symposium.
You are invited to submit a title and abstract of an article that you can present at the symposium and publish in the sixth volume of the San Diego Journal of Climate & Energy Law. If we select your proposal, the university will pay for all travel expenses to and from the symposium. You must submit your completed article to the journal’s editors by Monday, December 8, 2014, for consideration in the journal's sixth volume. View agendas and webcasts of past symposia online.
Theme for 2014 Climate & EnErgy Law Symposium
The theme for the 2014 Climate & Energy Law Symposium is "Innovative Regulatory and Business Models in a Changing Electric Industry."
Regulatory frameworks and business models for electric utilities developed decades ago, and the fundamentals of the landscape are changing. Public policy, technological, and economic shifts are undermining the logic of the current system. Policies to encourage energy efficiency, increase renewable energy production, and reduce greenhouse gas emissions are changing the context in which the industry operates. Technological innovations, including distributed photovoltaics, smart meters, and energy storage are enabling customers to understand and control their energy needs. Slower economic growth, increased efficiency, and more distributed generation are contributing to slower load growth. The confluence of these factors presents challenges and opportunities for the electric industry
Academic and policy experts will analyze and assess three aspects of this complex issue:
- Regulatory Changes
- Utility Business Models
- Market Structures
All article proposals related to these broad issues in climate and energy law are welcome. It is not necessary for an article to focus specifically on California law and policy. If you are interested in participating, please submit the following materials to Zachary Flati, editor-in-chief of the San Diego Journal of Climate & Energy Law, at firstname.lastname@example.org:
- The proposed title of your article and a brief 300-word abstract
- Your CV
- Written acknowledgement that you will attend the symposium on Friday, November 7, 2014, and submit a complete draft of your article to the San Diego Journal of Climate & Energy Law by Monday, December 8, 2014.
Please submit your proposal by Monday, April 21, 2014.
CALL FOR PROPOSALS
The AALS Section on Natural Resources and Energy Law is seeking proposals for its first energy-focused program: "Seismic Shifts in Energy; The Repercussions of Local Solar and Distributed Generation."
As part of our effort to be inclusive, the section is Calling for Proposals from anyone who would like to present on this topic at the AALS Annual Meeting, January 2-6, 2015.
If you are interested in participating in this program, please submit a one-page proposal to email@example.com by 5:00 p.m. MDT on Monday, April 14, 2014.
Please put "AALS Prospective Proposal" in the subject line and make sure that you receive an email response acknowledging receipt of your proposal.
The executive officers will choose 2 or 3 of these proposals for presentation at the annual program. The AALS requires that all presenters pay their own registration, transportation, food, and lodging expenses, so please do not submit a proposal unless you can commit to being present in Washington, D.C.
The Environmental Law Reporter has kindly agreed to give all presenters the option of publishing any articles written in conjunction with the program.
Climate change poses a challenge for maintaining the stable entitlements that are basic to property law. Yet property rights can also serve as aids to climate adaptation. This essay, which was initially delivered as the Wolf Family Lecture on the American Law at the University of Florida, explores both aspects of the property/climate-change relationship. The first part of the article discusses takings issues that may arise in connection with sea level rise. The second part of the article discusses the constructive role that transferrable development rights and the public trust doctrine could play in climate adaptation, including their role in limiting takings claims.
A web video of the Lecture is available here.
Tuesday, April 8, 2014
Nancy McLaughlin (Utah) has posted Perpetual Conservation Easements in the 21st Century: What Have We Learned and Where Should We Go from Here?, 2013 Utah L. Rev. 687. Here's the abstract:
April 8, 2014 in Agriculture, Conservation Easements, Environmental Law, Environmentalism, Federal Government, Historic Preservation, Scholarship, Servitudes | Permalink | Comments (0) | TrackBack (0)
Monday, April 7, 2014
Community Law Center, Inc. and University of Maryland Francis King Carey School of Law are hosting the 2014 Urban Agriculture Law Conference on September 19, 2014 in Baltimore to share information and best practices in urban agriculture laws, policies and practices across the country. We are currently accepting proposals for conference papers, presentations, and workshops. Click here for the Call for Papers and Presentations. To download the application, you need to click here.
Located in the heart of Baltimore, the 2014 Urban Agriculture Law Conference will bring together national and local leaders, legal practitioners, and scholars who are addressing the diverse roles of urban agriculture in the renewal of urban communities.
All proposals must be submitted by June 15, 2014. Community Law Center will notify all selected speakers by July 15, 2014 of their acceptance and time slot.
Sarah Schindler (Maine) has posted Unpermitted Urban Agriculture: Transgressive Actions, Changing Norms and the Local Food Movement, 2014 Wisc. L. Rev __ (forthcoming). Just in time for the finalizing of my presentation on unauthorized vacant property use for next month's ALPS conference (in Vancouver!). Here's the abstract:
It is becoming more common in many urban and suburban areas to see chickens in backyards, vegetable gardens growing on vacant, forclosed-upon, bank-owned property, and pop-up restaurants operating out of retail or industrial spaces. The common thread tying all of these actions together is that they are unauthorized; they are being undertaken in violation of existing laws, and often norms. In this essay, I explore ideas surrounding the overlap between food policy and land use law, and specifically the transgressive actions that people living in urban and suburban communities are undertaking in order to further their local food-related goals. I assert that while governmental and societal acceptance and normalization of currently illegal local food actions is likely needed for the broader goals of the local food movement to succeed, there are some limited benefits to the currently unauthorized nature of these activities. These include transgression serving as a catalyst for change and as an enticement to participate.